Proposed Amendment to Uniform Rule 46 and Magistrates Courts Rule 43

Call for comments opened 04 February 2014 Share this page:

Justice and Correctional Services

The Rules Board for Courts of law is considering amending Rule 46 of the Uniform Rules and Rule 43 of the Magistrates' Courts to provide for the court, in the exercise of its judicial oversight function when ordering execution against primary residential immovable property, to set a reserve price at which bidding must begin at sales in execution.

To assist the Board in assessing whether to provide for the court to determine whether a reserve price is to be set and set the reserve price in the pursuance of its judicial oversight function, the Board requests your comments on whether it is desirable that a reserve price be considered in the judicial sale of primary residential immovable property.

We advise that we are currently engaged in the harmonisation of Uniform Rule 46 and Magistrates' Courts Rule 43 and this request for comment is an integral part of that process of harmonisation.

Comments can be emailed to Charmaine Kemp at ChKemp@justice.gov.za by no later than Friday, 28 February 2014.

Enquiries can be directed to Charmaine Kemp on tel (012) 326 8014